Protection Of National Security Research Articles

What demands are rights? An investigation into the relation between rights and reasons

Freedom of speech often conflicts with the protection of national security. The former is traditionally classified as an individual right, the latter as an important concern which is not right-based. Similarly, due process, freedom of religion and equal protection are classified as individual rights; protection from crime, the maintenance of public order, economic prosperity and the promotion of family values are classified as concerns which are not right-based.' More generally, some demands are classified as rights while other valuable demands are not classified as such. This classification has important implications. A recent controversy over the protection of pornography can illustrate its importance. Many feminists advocate the regulation of pornography on the grounds that pornography 'silences' women, ie, that it generates disinclination on the part of women to exercise their right of free speech.2 Ronald Dworkin-a primary critic of this reasoning--concedes that an environment which is congenial to one's speech is important and valuable, but he argues that a congenial environment to one's speech is not a right; and consequently that it should not be protected by the first amendment to the United States Constitution.3 It may seem as if resolving the controversy between

Adventures in the Zone of Twilight: Separation of Powers and National Economic Security in the Mexican Bailout

In 1995, the Clinton Administration unilaterally authorized nearly $20 billion in foreign loans, loan guarantees, and debt-forgiveness in response to the threatened collapse of the economy. The Note evaluates the statutory and constitutional basis of the so-called Mexican Bailout and finds the legal authority for the bailout lacking. Because protection of national security against economic threats is a critical national interest, however, the Note argues that better legal and institutional structures must be developed to permit prompt and flexible responses to international financial crises that do not usurp Congress' power of the purse.

Disciplinary Proceedings and the Right to a Fair Criminal Trial under the European Convention on Human Rights

The judgment of such a tribunal must pronounced publicly although in exceptional circumstances (e.g. for the protection of national security or the interests of juveniles) its proceedings may be held in camera. Overall, this provision reflects the adage that justice must not only be done but must also be seen to be done. The remaining paragraphs of Article 6 apply only to criminal proceedings. Thus, everyone charged with a criminal offence is entitled to a presumption of innocence (paragraph 2), and is entitled to certain minimum trial rights (paragraph 3)2 which are intended to ensure what the Convention bodies, the European Court of Human Rights (the Court) and the European Commission of Human Rights (the Commission) have fre-

Executive coordination and oversight of security classification administration

Abstract Despite its critical importance to the nation, the information security or security classification system under every presidential administration since World War II has been subjected to criticism about its scope and purpose. In the past few years, the tension between access to government information and the protection of national security has increased. Today, the Information Security Oversight Office serves to help ease that tension. Through various oversight initiatives, it strives to limit the extraordinary protection of national security classification to only that very sensitive information that merits such shelter.